## APPENDIX A

NEVADA BART REGULATION

## CONTENTS

A.1 REVISED NEVADA BART REGULATION A.1.1 Proposed Regulation A.1.2 Evidence of Public Participation A.2 NEVADA BART REGULATION A.2.1 Adopted Regulation A.2.2 Evidence of Public ParticipationA -- 1 A.1 

### REVISED NEVADA BART REGULATION This proposed regulation revises the BART regu lation adopted on February 11, 2009 (see section A.2). The revision lowers the SO 2 emission limit at NV Energy’s Reid Gardner Generating Station for units 1, 2 and 3. It will be presen ted to the Nevada State Environmental Commission on December 9, 2009 for adoption. When it becomes effective, NDEP will submit the adopted regulation and complete evidence of public partic ipation to the U.S. Environmental Protection Agency. A.1.1 Proposed Regulation

PROPOSED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION 1
LCB File No. R148-09 November 3, 2009
EXPLANATION – Matter in italics is new; matter in brackets [ omitted material ] is material to be omitted. AUTHORITY: §1, NRS 445B.210. A REGULATION relating to air quality; revising limits on the emission of sulfur dioxide from certain power-generating units of the Reid Gardner Genera ting Station; and providing other matters properly relating thereto. Section 1. Section 4 of LCB File No. R190-08 is hereby amended to read as follows: Sec. 4. 1. The sources listed below must inst all, operate and maintain the following control measures which constitute BART and must not emit or cause to be emitted NO x, SO 2 , or PM 10 in excess of the following limits: (a) For power-generating units numbers 1 and 2 of NV Energy’s Fo rt Churchill Generating Station, located in hyd rographic area 108:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 LCB Draft of Proposed Regulation R148-09A -- 2 1 0.20 0.05 0.03

2 0.16 Low NO x burners with

flue gas recirculation 0.05 Pipeline natural gas and/or No. 2

fuel oil 0.03 Pipeline natural gas and/or No. 2 fuel oil

(b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, located in hydrographic area 83:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 0.15 0.05 0.03

2 0.12 Low NO x burners with

flue gas recirculation 0.05 0.03

3 0.19 Low NO x burners withselective noncatalytic reduction 0.05 Pipeline natural gas and/or No. 2

fuel oil
0.03 Pipeline natural gas and/or No. 2 fuel oil

(c) For power-generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner Generating Station, located in hyd rographic area 218:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control TypeA -- 3 1 0.20 [ 0. 25 ] 0.15 0.015
2 0.20 [ 0.25 ] 0.15 0.015

3 0.28 Rotating Opposed Fire Air with Rotamix 2 [ 0.25 ] 0.15 Wet soda ash flue gas desulfurization 0.015 Fabric filter

(d) For power-generating units numbers 1 and 2 of Southern California Edison’s Mohave Generating Station, located in hydrographic area 213:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Mass Emission Rate (lb/hr, 1-hr average) Control Type Emission Limit (lb/10 6 Btu, 30-

day rolling

average) Control Type Emission Limit (lb/10 6

Btu, 3-hr average) Control Type

1 0.15 788 0.0019 0.0077

2 0.15 788 Low NO x burners with over-fire air and conversion to

pipeline natural gas only 0.0019 Conversion to pipeline natural gas only 0.0077 Conversion to pipeline natural gas only

2. The control measures established in subsection 1 may be replaced or supplemented with alternative technologies approved in advance by the Director, provide d that the emission limits in subsection 1 are met. The established or appr oved control measures must be installed and operating: (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: (1) On or before January 1, 2015; or

2 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent.A -- 4 (2) Not later than 5 years after approval of Nevada’s state implementation plan for regional haze by the United States Envi ronmental Protection Agency Region 9,

¬ whichever occurs first. (b) For Southern California Edison’s Moha ve Generating Station, at the time that each unit resumes operation. 3. If the ownership of any BART regul ated emission unit change s, the new owner must comply with the requirements set forth in subsection 2. 4. For purposes of this section, emissions of PM 10 include the components of PM 2.5 as a subset.A.1.2 Evidence of Public Participation A.1.2.1 Public Notice The following public notice was distributed on Novem b er 6, 2009.



### N o ti ce o f R e g u la to ry He a r i n g Adoption of Regu lations an d Other Mat t ers Before the Stat e Environment a l Commission
The Sta t e Environme n tal Comm ission (SEC ) will hold a regulatory hearing on Wednesday, December 9th 2009 at 10:30 am. The hearing location is the Nevada Department of Wildlife's Conf erence Room A, 1 100 Valley Road, Reno, Nevada. The purpos e of the hear ing is to receive com m ents from all inter e sted persons re garding the adoption , amendmen t, or re pea l of the foll owing regu latory petitio n s a n d relate d SEC busine ss. The f o ll owing item s will be di scussed an d acte d upon bu t may be tak e n in different order to accommodate the interest and time of the person s atten d ing. 1) Approval of minutes: 06/17/ 09 and 10/ 06/09 SEC hearings * Action Items 2) Settlement Agreements, Air Quality Violations *A ction - Con s ent Calen d ar

____________________________________ ______________________________ 

### Air Quality Planning / Air Pollution Control * Action Ite m 3) Regulation R004-09: Ne vada’s Elec trica l Generation Unit Greenhouse Gas Emissions Mandatory Reporting Requirements: Th is regulation was adopte d as a temporar y regulations at the State Environmental C o mmission’s (SEC) Nov e mber 12, 2008 regulatory hearing. The Nevada Divisi on of Environmental Protection is now proposin g t o convert t h e temporary regu lation to a permanent regulation. The regulation requires companies that operat e electric generating units which emit Greenhous e Gases (GHGs) and have maxim u m design output ca pacities of 5 megawatts or more, which is for sale, to report their GHG emiss i ons. T h e i n formation collected will be used to create a registry of GHG em issions. T h e regulation is required by Senate Bill 422, which was passed during the 2007 Legislature. The conten t of the perma n ent regul a tion is ide n tical to that o f the temp o r ary reg u lation previously adopted. The propos ed regulati on does not overlap or duplicate any regulations of other state or governm e nt agenci es; to date there ar e no greenhouse gas re porting requirements
A -

- 5A -- 6 in existing federal regulations. This regulati on does not address fees and will not have an immediate or long-term adverse economic impact on the public or the business community. 4) R130-09: Changes to Moto r Vehicle Emission Program: This regulation changes certain emission inspection and maintenanc e requirements contained in Chapter 445B of the Nevada Administrative Code (NAC). The proposed regulation aligns the motor vehicle inspection and main tenance (I/M) program with recent changes made in statute ( A.B. 414 ) during the 2009 Nevada Legislative session. The regulation will expand Nevada's I/M prov isions to include diesel-powered vehicles weighing up to 14,000 pounds; it will establ ish standards for testing emissions from reconstructed vehicles and trimobiles [e.g ., three wheel motorized vehicles]; and it will exempt certain trimobiles from emission s testing. The regulati on also revises the definition of heavy duty motor vehicle to conform to the stat utory changes noted above. While the regulation does not affect businesses directly, it will have an effect on certain individuals who register vehicles in Clark County or Washoe County (i.e., Las Vegas and Reno). Vehicles subject to the regulation (about 9,500 diesel-powered vehicles in the 10,000 to 14,000 pound we ight-range) would require an annual emissions test performed at a nominal cost. Otherwise, the proposed regulation does not overlap or duplicate any regulations of other state or government agencies; it does not directly assess fees, and will only have a nominal economic impact on the public. 5) R147-09: Class I Air Quality Oper ating Permit to Construct (OPTC): This regulation establishes requirements and timelines for air quality permits involving case-by-case determinations for maximum ac hievable control technologies (MACT) as required under federal rules governing the National Emissions Standards for Hazardous Air Pollutants. Specifically, the proposed regulation aligns the permit application procedures for applications requiring a case-by-case MACT determination with the procedures for PSD (Prevention of Signif icant Deterioration) Air Quality Permit applications. The regulation is needed sinc e the current Class I OPTC regulation does not allow sufficient time for processing case-by-case MACT applications and is inconsistent with existing federal rules. This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulati ons of other government agencies. The regulation does not address fees. 6) R148-09: Revision to Air Emissions Limits at NV Energy’s Reid-Gardner Generating Station: This regulation would revise the requirement for SO 2 emission limits at NV Energy's Reid-Gardner [ele ctrical power] Generating Station located northeast of Las Vegas, Nevada. The regulati on would lower the emission limits from 0.25 lb/10 6 Btu to 0.15 lb/10 6 Btu, 24-hour average, for units 1, 2 and 3. Both the 0.25A -- 7 lb/10 6 Btu and the proposed limit would beco me effective on January 1, 2015 or 5 years after approval of Nevada's Regional Ha ze State Implementation Plan by the U.S. EPA. As way of background, the federal Regional Haze Regulations Final Rule (RHR) (64FR35714, July 1999) requires states to es tablish emission reduction strategies for improving visibility in all 156 mandatory Class I national parks and wilderness areas in the United States. One of the strategies required by the RH R is the application of best available retrofit technology (BART) to cert ain existing sources. Electrical generating units 1, 2 and 3 at NV Energy's Reid Gard ner Generating Station are subject to the BART requirement. This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulati ons of other government agencies. The regulation does not address fees. 

### Other SEC Business 7) Administrator's Briefing to the Commission *Non Action Item 8) Public Comment * Non Action Items: (Public comment may be limited to ten minutes per person at the discretion of the chairperson; See AG Reference @ Pages 58 & 81) at http://ag.state.nv.us/publications/manuals/omlmanual.pdf

____________________________________ ______________________________ Additional Information: Persons wishing to comment on the propos ed actions of the State Environmental Commission (SEC) may appear at the schedu led public hearing or may address their comments, data, views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street, Su ite 4001, Carson City, Nevada 89701-5249. The SEC must receive written submissions at least five days before the scheduled public hearing. If a person that may be directly affected by a proposed action does not appear and request time to make an oral presentation at the above referenced hearing, the SEC may proceed immediately to act upon any written submissions described in this notice. Members of the public can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), an d at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is located at 901 South Stewart St reet, Suite 4001 and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230.A -- 8 In addition, copies of this public notice and the accompanying regulations have been deposited electronically at major library br anches in each county in Nevada. This notice and the text of the proposed regulations are available on the State Environmental Commission’s website at http://www.sec.nv.gov/index.htm All of the proposed regulations denoted in this notice, including previous drafts, are also posted on the Legislative Counsel Bureau’s website at http://www.leg.state.nv.us/Register/ Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State Environmental Commission, in care of John B. Walker, Executiv e Secretary, 901 South Stewart Street, Suite 4001, Carson City , Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no la ter than 5:00 p.m. on December 1 st 2009. As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, this public notice has been posted at the following locations: The Bryan Building in Carson City (901 S. Stewart Street), the Stat e Library and Archives in Carson City (101 North Carson Street), the Nevada Department of Wildlife in Reno (1100 Valley Road) and the Offices of the Division of Environmental Protection in Carson City and Las Vegas. Copies of this notice and the prop osed regulations will also be mailed to members of the public upon request. A reas onable fee may be charged for copies if deemed necessary. Upon adoption of any regulation, the SEC, if requested to do so by an interested person, either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for an d against its adoption and incorporate therein its reason for overruling the co nsideration urged against its adoption.A -- 9 A.2 NEVADA BART REGULATION A.2.1 Adopted Regulation ADOPTED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION 3
LCB File No. R190-08 Effective April 23, 2009

EXPLANATION – Matter in italics is new; matter in brackets [ omitted material ] is material to be omitted. AUTHORITY: §§1-7, NRS 445B.210. A REGULATION relating to air qu ality; defining the term “bes t available retr ofit technology” for certain purposes relating to regional haze; setting the standards for emission limitation for that technology for certain sour ces; and providing ot her matters properly relating thereto.

Section 1. Chapter 445B of NAC is hereby amende d by adding thereto the provisions set forth as sections 2, 3 and 4 of this regulation. Sec. 2. “Best available retrofit technology” mean s an emission limitation based on the degree of reduction achievable through the applic ation of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility as defined in 40 C.F.R. § 51.301. Sec. 3. The emission limitation for BART must be established on a case-by-case basis, taking into consideration: 1. The technology available; 2. The costs of compliance; 3. The energy and nonair qualit y environmental impacts of compliance; 4. Any pollution control equipment in use or in existence at the source or unit;

3 Adopted February 11, 2009.A -- 10 5. The remaining useful life of the source or unit; and 6. The degree of improvem ent in visibility which may reas onably be anticipated to result from the use of such technology. Sec. 4. 1. The sources listed below must install, operate and maintain the following control measures which constitute BART and must not emit or cause to be emitted NO x, SO 2 , or PM 10 in excess of the following limits: (a) For power-generating units numbers 1 and 2 of NV Energy’s Fort Churchill Generating Station, located in hydrographic area 108:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 0.20 0.05 0.03

2 0.16 Low NO x burners with

flue gas recirculation 0.05 Pipeline natural gas and/or No. 2

fuel oil 0.03 Pipeline natural gas and/or No. 2

fuel oil

(b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, located in hydrographic area 83:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 0.15 0.05 0.03

2 0.12 Low NO x burners with

flue gas 0.05 Pipeline natural gas and/or No. 2 0.03 Pipeline natural gas and/or No. 2A -- 11 recirculation

3 0.19 Low NO x burners withselective noncatalytic reduction 0.05 fuel oil

0.03 fuel oil

(c) For power-generating units numbe rs 1, 2 and 3 of NV Energy’s Reid Gardner Generating Station, located in hydrographic area 218:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-

hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 0.20 0.25 0.015
2 0.20 0.25 0.015

3 0.28 Rotating opposed fire air with Rotamix 4 0.25 Wet soda ash flue gas desulfurization 0.015 Fabric filter

(d) For power-generating units numbers 1 an d 2 of Southern California Edison’s Mohave Generating Station, located in hydrographic area 213:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Mass Emission Rate (lb/hr, 1-hr average) Control Type Emission Limit (lb/10 6 Btu, 30-

day rolling

average) Control Type Emission Limit (lb/10 6

Btu, 3-hr average) Control Type

4 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent.A -- 12 1 0.15 788 0.0019 0.0077

2 0.15 788 Low NO x burners with over-fire air and conversion to

pipeline natural gas only 0.0019 Conversion to pipeline natural gas only 0.0077 Conversion to pipeline natural gas only

2. The control measures established in subsection 1 may be replac ed or supplemented with alternative technologies approved in advance by the Director, provid ed that the emission limits in subsection 1 are met. The established or appr oved control measures must be installed and operating: (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: (1) On or before January 1, 2015; or (2) Not later than 5 years after approval of Nevada’s state implementation plan for regional haze by the United States En vironmental Protection Agency Region 9,

¬ whichever occurs first. (b) For Southern California Edison’s Moha ve Generating Station, at the time that each unit resumes operation. 3. If the ownership of any BART regula ted emission unit changes, the new owner must comply with the requirements set forth in subsection 2. 4. For purposes of this section, emissions of PM 10 include the components of PM 2.5 as a subset. Sec. 5. NAC 445B.001 is hereby amended to read as follows:A -- 13 445B.001 As used in NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of this regulation, unless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive, and section 2 of this regulation have the meanings ascribed to them in those sections. Sec. 6. NAC 445B.211 is hereby amended to read as follows: 445B.211 The abbreviations used in NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of this regulation have the following meanings: [ BACT...................................................... best availabl e control technology ] BART........................................................ Best available retrofit technology Btu ............................................................ British thermal unit C.F.R. ....................................................... Code of Federal Regulations CO 2
. .......................................................... carbon dioxide

° F .............................................................. degree Fahrenheit Hg............................................................. mercury
H 2 S............................................................ hydrogen sulfide lb............................................................... pound NO............................................................ nitric oxide NO x ........................................................... nitrogen oxides O 2. ............................................................. oxygen ppm........................................................... parts per million SO 2 ............................................................ sulfur dioxide VOC.......................................................... volatile organic compound Sec. 7. NAC 445B.221 is hereby amended to read as follows:A -- 14 445B.221 1. Title 40 C.F.R. §§ 51.100(s) , [ and ] 51.100(nn) , and 51.301 and Appendix S of 40 C.F.R. Part 51 are he reby adopted by reference as they existed on July 1, 2007.
2

. The amendments to Appendix S of Title 40 C. F.R. Part 51 as set forth in Volume 73 of the Federal Register at pages 28321 et seq., Ma y 16, 2008, are hereby adopted by reference. 3. Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on July 1, 2002. [3 ] 4. Appendix W of 40 C.F.R. Part 51 is hereby adopted by reference as it existed on July 1, 2007. [ 4 ] 5. Title 40 C.F.R. § 52.21 is hereby adopted by reference as it existed on July 1, 2007. [5 .] 6. The amendments to Title 40 C.F.R. § 52.21 as set forth in Volume 73 of the Federal Register at pages 28321 et seq., May 16, 2008, are hereby adopted by reference.
7. Except as otherwise provided in subsection [6 , ] 8, the following subparts of 40 C.F.R. Part 60 are hereby adopted by reference: (a) Subpart A, except §§ 60.4, 60.8(b)(2), 60.8(b)(3) and 60.11( e), as it existed on July 1, 2007; (b) Section 60.21 of Subpart B, as it existed on July 1, 2006; (c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, B BB, DDD, FFF, GGG, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF, IIII and KKKK as they existed on July 1, 2007; (d) Subpart HHHH, except §§ 60.4105(b)(2), 60.4106, 60.4120 to 60.4142, inclusive, 60.4153(a) and (b) and 60.4176, as set forth in Volume 70 of the Federal Register at pages 28606 et seq., May 18, 2005, and the amendments to Subpart HHHH as set forth in Volume 71 of the Federal Register at pages 33388 et seq., June 9, 2006; andA -- 15 (e) Subpart JJJJ as set forth in Volume 73 of the Federal Register at pages 3568 et seq., January 18, 2008. [6 .] 8. The amendments to Subpart A of Title 40 C.F. R. Part 60 as set forth in Volume 73 of the Federal Register at pages 3568 et seq., Ja nuary 18, 2008, are hereby adopted by reference. [7 .] 9. Appendices B and F of 40 C.F.R. Part 60 are hereby adopted by reference as they existed on July 1, 2007. [8 .] 10. Subparts A, C, D, E, F, H, I, J, K, L, N, O, P, Q, R, T, V, W, Y, BB and FF of 40 C.F.R. Part 61 are hereby adopted by reference as they existed on July 1, 2007. [9 .] 11. Except as otherwise provided in subsection [10, ] 12, the following subparts of Title 40 C.F.R. Part 63 are hereby adopted by reference: (a) Subparts A, B, C, F, G, H, I, J, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, MM, OO, PP, QQ, RR , SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GG GG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU , VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BB BBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, DDDDDD, EEEEEE, FFFFFF and GGGGGG as they existed on July 1, 2007; (b) Subpart WWWWW as set forth in Volume 72 of the Federal Register at pages 73611 et seq., December 28, 2007; (c) Subpart YYYYY as set forth in Volume 72 of the Federal Register at pages 74088 et seq., December 28, 2007; (d) Subpart ZZZZZ as set forth in Volume 73 of the Federal Register at pages 226 et seq., January 2, 2008;A -- 16 (e) Subparts LLLLLL, MMMMMM, NNN NNN, OOOOOO, PPPPPP and QQQQQQ as set forth in Volume 72 of the Federal Regist er at pages 38864 et seq., July 16, 2007; and (f) Subparts RRRRRR, SSSSSS and TTTTTT as set forth in Volume 72 of the Federal Register at pages 73180 et seq., December 26, 2007. [10 .] 12. The amendments to the following subparts of Title 40 C.F.R. Part 63 are hereby adopted by reference: (a) Subparts A and ZZZZ as set forth in Volume 73 of the Federal Register at pages 3568 et seq., January 18, 2008; (b) Subpart DDDD as set forth in Volume 72 of the Federal Register at pages 61060 et seq., October 29, 2007; (c) Subpart EEEEE as set forth in Volume 73 of the Federal Register at pages 7210 et seq., February 7, 2008; (d) Subparts EEEEEE and FFFFFF as set forth in Volume 72 of the Federal Register at pages 36363 et seq., July 3, 2007; (e) Subparts LLLLLL, MMMMMM, NNN NNN, OOOOOO, PPPPPP and QQQQQQ as set forth in Volume 73 of the Federal Re gister at pages 15923 et seq., March 26, 2008. [11 .] 13. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 2007. If the provisions of 40 C.F.R. Part 72 conflic t with or are not incl uded in NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of this regulation, the provisions of 40 C.F.R. Part 72 apply. [12 .] 14. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 2007. If the provisions of 40 C.F.R. Part 76 conflic t with or are not incl uded in NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of this regulation, the provisions of 40 C.F.R. Part 76 apply.A -- 17 [13. ] 15. Title 42 of the United States Code, s ection 7412(b), List of Hazardous Air Pollutants, is hereby adopted by refe rence as it existe d on October 1, 1993.

[14 .] 16. The Standard Industrial Classification Manual , 1987 edition, published by the United States Office of Management and Budget, is hereby adopted by reference. A copy of the manual may be obtained, free of charge, from th e United States Department of Labor at the Internet address http://www.dol.gov

. [15 .] 17. A copy of the publications which contain the provisions adopted by reference in subsections 1 to [1 3 , ] 15, inclusive, may be obtained from the: (a) Division of State Libr ary and Archives of the Department of Cultural Affairs for 10 cents
per page. (b) Government Printing Office, free of charge, at the Internet address http://www.gpoaccess.gov/nara/index.html

. [16
. ] 18. For the purposes of the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted by reference pursuant to this sect ion, the Director may not approve alternate or equivalent test methods or alternative standards or work practices. [17 .] 19. Except as otherwise provided in subsections [1 1 ] 13, and [1 2 , ] 14, the provisions adopted by reference in this section supers ede the requirements of NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of this regulation for all stationary sources subject to the provisions adopted by reference only if those requirements adopted by reference are more stringent. [18 .] 20. For the purposes of this section, “administ rator” as used in the provisions of 40 C.F.R. Part 60, except Subpart B § 60.21 and Subpart HHHH §§ 60.4101 to 60.4105, inclusive, 60.4107 to 60.4114, inclusive, 60.4151 to 60.4173, inclusive, and 60.4175, and Parts 61 and 63, adopted by reference pursuant to this secti on, means the Director.A.2.2 Evidence of Public Participation A.2.2.1 Public Notice



### N o ti ce o f R e g u la to ry He a r i n g Adoption of Regu lations an d Other Mat t ers Before the Stat e Environment a l Commission
The Sta t e Environme n tal Comm ission (SEC) has sche duled a re gulatory hearing on Wednesday, February 11, 2009 at 10 a.m. The hearing will be conducted as a video conference in Carson City and Las Vegas

. Th e hearing l o cation in Carson City is the Bryan Building located at 901 South Stewart Street, (2 nd floor Tahoe room). In Las Vegas the hearing wil l be hel d at the Neva da Division of Environ m ental Protection , 2030 E. Flamingo Rd. Suite 230. The pur p os e of the hearing is to receiv e comments fr om all interested persons regarding the adoption, amendm ent, or repeal of the following regulatory petitions. The following items will be disc u ssed and a c ted u p on but may be taken in different o r der to acc o mmodat e the int e re st and time of the pers ons attendi n g.

____________________________________ ______________________________ 

### Air Quality Planning / Air Pollution Control (2) Re gulation R190-08: [BAR T] Best Available Retro f it Technol o gy & Emission Limitations for Major Electric G e nerating Units: This regulation was heard and approved by the State Environmenta l C o mmission at their November 12, 2008 meeting. It is being reconsidered to correct a minor error in one of the tables. This regulation would a dd a requirem ent for cer t ain electri c generatin g uni ts to i n stall best availa ble retrofit techn o logy and com p ly with e m ission lim i tations for NOx, SO2 and PM10. These requirements apply to Sie rra Pacific Resources' Fort Churchill and Tracy Generating S t ati o ns in the Maso n Vall ey and the Truckee Ri ver Basins, respectivel y ; as well as Nevada Power Comp any's Reid Gardner Ge nerating S t ation in the Califor n ia Wash northeast of Las Ve gas; and S o uthern California Edison's Mohave Generating Station ne ar Laughli n . This prop osed regul a tion is necessary to comply with the federal Regional Haze Regula tions promulgated in July 1999 (64FR35714). This regulation will have an economic im pa ct on the r e gulate d in dustry. In s o me cases, it requires the installation of new control technologies, an upgrade to existing controls and/or a switch to differ e nt fuel

. In other cases, the requirements coincide
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- 1 8A -- 19 with what is required under existing perm it conditions, and so the regulation will impose no additional cost. The proposed re gulation will have no economic effect on the public, unless the industry chooses to pass the cost along to the consumer. There is no additional cost to the agency for enforcement of the prop osed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regula tion does not address fees. 

### Waste Management 3) Regulation R153-08: Adopt by Reference Changes to the Federal Hazardous Waste Regulations: This regulation would amend NAC 444. The proposed regulation would adopt by reference ch anges to the federal hazardous waste regulations through July 1, 2008. Proposed changes include th e revision to an existing exclusion from the definition of solid wast e (and thus from regulation as hazardous waste) for recycled oil bearing hazardous secondary materials and clarifications to previously approved air pollution regulations. This regulation will not have an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulati ons of other government agencies. The regulation does not address fees. 

### Other SEC Business

____________________________________ ______________________________ 4) Administrator's Briefing to the Commission

____________________________________ ______________________________ 5) Public Comment: Public comment may be limited to ten minutes per person at the discretion of the chairperson; See AG Reference @ Pages 58 & 81 at: http://ag.state.nv.us/publ ications/manuals/omlmanual.pdf

____________________________________ ______________________________ Additional Information: Persons wishing to comment on the propos ed actions of the State Environmental Commission (SEC) may appear at the schedu led public hearing or may address their comments, data, views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street, Su ite 4001, Carson City, Nevada 89701-5249. The SEC must receive written submissions at least five days before the scheduled public hearing. If no person who is directly affected by the proposed action ap pears to request time to make an oral presentation, the SEC may proceed immediately to act upon any written submissions.A -- 20 Members of the public can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), an d at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is located at 901 South Stewart St reet, Suite 4001 and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230. This notice has been posted at the followi ng locations: the Brya n Building (901 South Stewart Street, Carson City, Nevada); the offices of the Division of Environmental Protection in Las Vegas (2030 E. Flaming o Rd. Suite 230) and at the Nevada Department of Wildlife (1100 Valley Road, Reno, Nevada). In addition, copies of this notice have b een deposited electronic ally at major library branches in each county in Nevada. This notice and the text of the proposed regulations are also available on the Stat e Environmental Commission’s website at: SEC.NV.GOV. All of the proposed regulations denoted in this notice, including previous drafts, are also posted on the Legi slative Counsel Bureau’s website at http://www.leg.state.nv.us/Register/ Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State Environmental Commission, in care of John B. Walker, Executiv e Secretary, 901 South Stewart Street, Suite 4001, Carson City , Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p.m. on February 04, 2008. Upon adoption of any regulation, the SEC, if requested to do so by an interested person, either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for an d against its adoption and incorporate therein its reason for overruling the co nsideration urged against its adoption.A.2.2.2 Newspaper Advertisem ents

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- 2 4A.2.2.3 Filing with Secretary of State

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